Case law

Mondesir v. Kingston Borough

District Court, M.D. Pennsylvania · May 22, 2024

The court finds, however, that qualified immunity is not appropriate in the instant case. … Qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Abu-Jamal v. Kerestes

District Court, M.D. Pennsylvania · Sep 9, 2021

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … was entitled through a clearly established right.

Collins

District Court, M.D. Pennsylvania · Jun 4, 2026

OT | “The doctrine of qualified immunity protects government officials from | liability for civil damages insofar as their conduct does not violate clearly | established statutory or constitutional rights of which … | A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” Saucier v.

Eastman v. Lackawanna County

95 F. Supp. 3d 773 · District Court, M.D. Pennsylvania · Mar 6, 2015

The defendants’ final two arguments relate to immunity issues: they claim that O’Brien and Wansacz are entitled to qualified immunity and legislative immunity for their actions. … Furthermore, the court need not address the defendants' claims of qualified immunity or legislative immunity.

Payne v. Gordon

District Court, M.D. Pennsylvania · Feb 6, 2020

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.”

L.S. as mother and natural guardian of D.S., a minor v. Hanover Area School District

District Court, M.D. Pennsylvania · May 23, 2024

establish a right for the purposes of qualified immunity. … Barrett and Pugh’s qualified immunity arguments are rejected based on D.S.’s right being clearly established at the time of their alleged deliberate indifference following a sexual assault. 5.

Wilkins

District Court, M.D. Pennsylvania · Jun 25, 2026

Qualified Immunity Defendants argue that they are entitled to qualified immunity. … Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.

Gettysburg Battlefield Preservation Ass'n v. Gettysburg College

799 F. Supp. 1571 · District Court, M.D. Pennsylvania · Jul 2, 1992

In 1987, Congress enacted legislation, based on concerns about the lack of a clearly defined boundary for the Park. … When the real party in interest is the federal government, sovereign immunity applies, unless Congress has waived such immunity through the passage of statutes expressly authorizing such actions. *1583 United States v.

Cummings v. Weller

District Court, M.D. Pennsylvania · Dec 27, 2023

(collecting cases and granting qualified immunity because “it is not clearly established that secondhand exposure to OC spray in response to another inmate’s actions across the block, would violate an individual … Therefore, Plaintiff has failed to show the Defendants violated a clearly established right by incidentally exposing him to OC spray, and Defendants are entitled to qualified immunity on his Eighth Amendment

McFadden v. Lehman

968 F. Supp. 1001 · District Court, M.D. Pennsylvania · May 23, 1997

entitled to immunity from suit....’” … Clearly, no Eighth Amendment claim is stated in that it is well-established that a complaint that a physician or a medical department "has been negligent in diagnosing or treating a medical condition does not state a valid

Amspacher v. Red Lion Area School District

District Court, M.D. Pennsylvania · Oct 30, 2024

Officer Greenly previously moved to dismiss this count on qualified-immunity grounds. (Id. at 9.) … was ‘clearly established’ at the time of the challenged conduct”).

Burton v. Pennsylvania State Police

990 F. Supp. 2d 478 · District Court, M.D. Pennsylvania · Jan 2, 2014

In addition, the doctrine of qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory … Winterbottom conducted the investigations in the course of her job duties and did not violate any of Plaintiff's statutory or constitutional rights, the protection of qualified immunity from Section 1983 claims would likely

Sparacino v. Scranton School District

District Court, M.D. Pennsylvania · Sep 2, 2025

The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … clearly established right.” , 299 F.

United States v. Ford

58 F.2d 1029 · District Court, M.D. Pennsylvania · Jun 1, 1932

Where individuals agree or have a common understanding to grant to those selling intoxicating liquor immunity from prison sentence, the ease is brought within the statute, for such immunity has for its real object the maintaining … The offenses charged clearly constitute crimes under the federal laws, and the motions to quash the indictments must be denied. And now, June 1, 1932, the motions to quash the indictments are hereby refused.

Kleinknecht v. Gettysburg College

786 F. Supp. 449 · District Court, M.D. Pennsylvania · Mar 12, 1992

the plaintiffs had failed to establish negligence. … The law clearly states, however, that appellee may be held liable only for those risks a person in his position could reasonably have foreseen.

K.A. v. Abington Heights School District

28 F. Supp. 3d 356 · District Court, M.D. Pennsylvania · Jun 27, 2014

If the Court were to apply the recognized standard for corporal punishment, Defendants’ conduct clearly cannot be reasonably considered malicious or sadistic. … To establish a violation of Section 504, a Plaintiff must show that “(1) he is ‘disabled’ as defined by the Act; (2) he is ‘otherwise qualified’ to participate in school activities; (3) the school or the board of education

Wynne v. Shippensburg University of Pennsylvania

639 F. Supp. 76 · District Court, M.D. Pennsylvania · Dec 20, 1985

May Shippensburg be characterized as a state agency which is immune to suit in federal court due to immunity conferred by the 11th Amendment? … Halderman, 465 U.S. 89 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (1984), which states in pertinent part: This Court’s decisions thus establish that “an unconsenting State is immune from suits brought in federal courts by her own citizens

Robzen's Inc. v. US Dept. of Housing

515 F. Supp. 228 · District Court, M.D. Pennsylvania · Mar 31, 1981

This provision clearly concerns expenses involved in moving MEF from the condemned premises to a new plant. … The record demonstrated that the plaintiff failed to qualify under any of the provisions established by the Assembled Economic Unit Doctrine. 11 . See, e. g., Commonwealth v.

McAndrew v. Northumberland County

District Court, M.D. Pennsylvania · Jan 25, 2023

Qualified Immunity Even though the Court has already dismissed the Eighth Amendment claim, it will briefly address the issue of qualified immunity. … will consider two prongs to determine whether an official is entitled to qualified immunity: (1) whether the official violated a constitutional right; and (2) whether the right was clearly established.49 If the answer

Velardo v. Lewko

District Court, M.D. Pennsylvania · Aug 22, 2019

The defense of qualified immunity shields government officials from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … A qualified immunity analysis entails two inquiries—whether the plaintiff has alleged a violation of a constitutional right, and whether that right was “clearly established” at the time of the defendants’ alleged